rajabu vs hamad rajab ta rajabu auto spares others 2002 tzhc 3 22 march 2002

The application was dismissed for want of prosecution and for being misconceived, as the legal provisions cited by the applicant do not apply to sales pursuant to a mortgage contract rather than a court order.

Citation: rajabu vs hamad rajab ta rajabu auto spares others 2002 tzhc 3 22 march 2002
Parties: Applicant/objector: Khashil Rajabu; Second Respondent: Godson M.T. Killiza (Company Secretary of FIDC Ltd); Respondents: OO!AD Rajabu t/a H/S Rajabu and Others
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 22 March 2002
Procedural Posture: Civil Case / Ruling on Application to Set Aside Sale of Attached Property
Outcome: Application dismissed with costs for want of prosecution and lack of legal standing.
Legal Topics: Setting Aside Sale, Objection Proceedings, Execution of Decree, Mortgage
Source Language: English

Civil Procedure Setting Aside Sale Objection Proceedings Execution of Decree Mortgage

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Parties

Khashil Rajabu

Applicant/objector

Godson M.T. Killiza (Company Secretary of FIDC Ltd)

Second Respondent

OO!AD Rajabu t/a H/S Rajabu and Others

Respondents

Procedural Posture

Civil Case / Ruling on Application to Set Aside Sale of Attached Property

Legal Issues

1 Whether the application to set aside the sale of attached property is maintainable under the Civil Procedure Code
2 Whether the sale was pursuant to a court order or a mortgage contract

Ratio Decidendi

Court Disposition

Application dismissed with costs for want of prosecution and lack of legal standing.

Orders

Application by Khashil Rajabu dismissed with costs
Ruling delivered in presence of respondents' advocates and absence of applicant